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Queries Participated

kajaljaiswal   05 August 2017 at 20:36

Loss of unregistered agreement for sale

One of my friends is the owner of a flat in Maharashtra, but he does not possess a registered agreement for sale. The agreement for sale executed between him and the vendor in unregistered. However, he has lost the said agreement for sale. But he has all the proofs to show that he is in possession of the said flat, such as the electricity bills, property tax, bank passbook, adhaar card, etc. in which the address of the said flat is mentioned. Now my friend is apprehensive that because the said unregistered agreement for sale is lost, he might have some problems arising in the near future.So can he file a declaratory suit in the court for getting himself declared the owner of the said flat?

kajaljaiswal   22 October 2015 at 11:56

Who can become an associate member

Experts,
My query is regarding Co-operative Housing Societies. Who can become an associate member in a housing society in Maharashtra? Can a person who does not have his name in the Agreement for sale become an associate member?
Your Reply would be of a great help.

kajaljaiswal   03 June 2015 at 12:11

Rights of legal heirs after the death of the owner

Dear Experts, My Aunt died intestate around 5-6 months ago, leaving behind 2 daughters and one son. She owned a flat in a society in her name. The society was going through some internal disputes. The DDR on the application by the society regarding the said dispute debarred the Chairman, Secretary and Treasurer and appointed new Chairman, Secretary and Treasurer. But the earlier committee is so adamant that they are not giving any papers or information to the new committee now. The 2 daughters of my Aunt are married and settled in USA. The son is residing in the same flat now. But due to an Accident, he lost his vision, and want to move to USA now.

The son of my Aunt has already intimated the Society quite earlier about the death of his mother, and also given the Transfer Application. (The Nominee of the Flat are the son and one daughter). But due to the disputes going on, the society is not paying any heed to any of his intimation and application.

Before moving to USA he wanted to sell the said flat to one man residing in the same building. The daughters also have given their disclaimer about the same. Even the man who is going to buy the flat has given the intimation letter to the society about the same.

But the problem is that the society has not yet transferred the said Flat in the name of the Legal Heirs, in spite of intimation and application for Transfer of the name.

So, can the son of the deceased sell the flat (the daughters have given their disclaimer regarding the same)? No issues arising out of it in the family.

If the flat is sold by the son of the deceased and purchased by that man, (even after all the intimation and disclaimer given by the daughters), can the Society later on create any problem regarding the same? (Like the flat was not transferred so the son does not have the Ownership Rights, or the man cannot purchase the said flat unless the flat is not transferred in the name of the legal heirs.)

kajaljaiswal   18 March 2015 at 19:57

Can a person be both a prosecution witness as well as a defence witness

Experts,

My question is whether in a case, a prosecution witness can also be a defence witness?

What if the 313 Statement is also done?

kajaljaiswal   13 March 2015 at 17:58

Can beneficiary of a will be the executor?

My question is if a person makes a will, can he/she appoint beneficiary as executor of his/her will? Or is it mandatory to appoint some other person apart from beneficiary to be the executor of his/her Will?

kajaljaiswal   11 February 2015 at 18:28

Regarding dv case where husband has not been issued summons

Dear Experts,

I wanted to ask you that if the husband has not been served summons in a DV case filed by his wife against him, and he sells the flat to a third party of which he is the owner. the Magistrate has ordered the society that the flat should not be transferred, but the sale agreement has been executed and the physical possession has been given to the said party. so is there any thing that can be done in this case because husband was not served with summons and he sold the flat. what can be done by the said party? does the magistrate has the jurisdiction in such case to order the society not to transfer the flat as no one was aware of the case?